SANKARAIAH Vs. SPECIAL TABSILDAR L R NANDYAL

JUDGEMENT

(1.) In this revision petition filed under Section 21 of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1978, Sri Challa Sitaramayya, the learned counsel for the petitioner contended that Venkadari Sankaraiah, the Petitioner herein was taken in illatom adoption by his father-in-law, Geddam Veera Subbayya, some time in 1944 and also executed a deed, Kararunama (Ex. B-4), dated 5-3-1944 in and by which he gave a half share to the petitioner in the properties possessed by him, and that ever since, the petitioner has been in possession and enjoyment of the half share, and the half share got by him under the said deed in the properties of his father-in-law should be included in his holding and that the Tribunals erred in including the entire properties in the holding of his mother-in-law.

(2.) In order to appreciate this contention, it is necessary to notice a few relevant facts. The properties originally belonged to one Geddam Veera Subbaiah. On 5-3-1944, he executed a Kararunama, Ex. B-4, in favour of Venkadari Sankaraiah son of Lakshrnaiah (Petitioner herein). In the deed it is recited that as he had no male issues and that he had only one daughter who had attained marriageable age and as he was not keeping good health and was unable to attend to the agricultural operations, he was desirous of getting his daughter married to a person whom he could take as an illatom son-in-law, so that he could attend to the management of his family affairs. He therefore agreed to take the petitioner, Sankaraiah, as an illatom son-in- law and that he should have absolute rights in a half share of the properties belonging to him and that the marriage should be performed within a few months thereafter. It is common ground that soon after the execution of the document Ex. B-4, the marriage of his daughter Veera Subbamma with the petitioner Sankaraiah was performed. Geddam Veera Subbayya died on 15-6-1944. It appears that the petitioner executed a registered relinquishment deed, Ex. B-2, on 27-10 1952 relinquishing his right in the joint family property of his natural family. The said deed was registered on 28-10-1952. Subsequently, on account of some disputes between the petitioner and his natural brothers, a registered partition deed Ex. B-6, dated 9-3-1966 was executed between the petitioner and his four brothers in and by which the petitioner was allotted some properties, which it is not necessary to refer for the purposes of this Case. The petitioner's wife, Veera Subbamma died on 1-4-1953. The petitioner has got two sons Chandramouli and Veera Subrahmanyam The petitioner subsequently purchased Ac. 4-20 cents on 5-6-1959 and another Ac. 0-30 cents on 18-4-1970.

(3.) Before the Land Reforms Tribunal, the petitioner examined himself as D.W. 1, the scribe of Ex. B-4 as D.W. 2 and the purobit as D.W. 3, and the mother-in-law of the petitioner and widow of Veera Subbaiah, as D.W. 4. D.W. 5 is his brother and D.W. 6 bis son, Chandramouli.